First Substitute H.J.R. 18
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7 LONG TITLE
8 General Description:
9 This joint rules resolution of the Legislature modifies provisions related to a
10 performance review note for legislation.
11 Highlighted Provisions:
12 This resolution:
13 . requires the legislative fiscal analyst to review and analyze legislation to determine
14 if it creates a new program or a new agency within one business day instead of three
15 business days of receiving the legislation; and
16 . makes technical changes.
17 Special Clauses:
18 None
19 Legislative Rules Affected:
20 AMENDS:
21 JR4-2-404
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23 Be it resolved by the Legislature of the state of Utah:
24 Section 1. JR4-2-404 is amended to read:
25 JR4-2-404. Performance review notes -- Review of performance measures.
26 (1) As used in this section:
27 (a) (i) "New agency" means:
28 (A) a state governmental entity that did not previously exist;
29 (B) a governmental entity that requires a new appropriation for new funding;
30 (C) a governmental entity that is modified by legislation to add significant services or
31 benefits that were not previously offered by the governmental entity; or
32 (D) a governmental entity that is modified by legislation to substantially expand the
33 scope of individuals or entities that are entitled to receive the services or benefits offered by the
34 governmental entity.
35 (ii) "New agency" does not mean a governmental entity that has been renamed or
36 moved to another organizational position within that branch of government unless the
37 governmental entity meets the criteria in Subsection (1)(a)(i)(C) or (D).
38 (b) (i) "New program" means a program:
39 (A) created by statute that did not previously exist;
40 (B) that requires a new appropriation or an increased appropriation for the purpose of
41 adding significant services or benefits that were not previously offered;
42 (C) that is modified by legislation to add significant services or benefits that were not
43 previously offered by the program; or
44 (D) that is modified by legislation to substantially expand the scope of individuals or
45 entities that are entitled to receive the services or benefits offered by the program.
46 (ii) "New program" does not mean a program that has been renamed or moved to
47 another organizational position within that branch of government unless the governmental
48 entity meets the criteria in Subsection (1)(b)(i)(C) or (D).
49 (c) "Performance note" means the statement of performance measures and information
50 that may be required to be printed with certain legislation according to the requirements of this
51 rule.
52 (2) (a) When the legislative fiscal analyst receives the electronic copy of approved
53 legislation from the Office of Legislative Research and General Counsel, the legislative fiscal
54 analyst shall, within [
55 to determine if it creates a new program or a new agency.
56 (b) If the legislative fiscal analyst determines that the legislation creates a new agency
57 or a new program, the legislative fiscal analyst shall:
58 (i) notify the sponsor of the legislation that the legislation qualifies for a performance
59 note;
60 (ii) notify the governmental entity that will supervise the new agency, or the
61 governmental entity that will administer the new program, that the governmental entity must
62 submit a performance note that meets the requirements of Subsection (6) to the legislative
63 fiscal analyst within three business days; and
64 (iii) prepare a notice that contains the information required by Subsection (2)(c) and
65 print the notice with the legislation.
66 (c) The notice shall:
67 (i) disclose that a performance note is required, disclose the name of the governmental
68 entity required to provide the performance note, and disclose the date on which the
69 performance note is to be provided by the governmental entity; or
70 (ii) disclose that a performance note is not required because the legislation does not
71 create a new program or new agency.
72 (d) (i) The legislative fiscal analyst may extend the deadline for the governmental
73 entity's submission of the performance note if:
74 (A) the governmental entity requests that the deadline be extended to a date certain in
75 writing before the performance note is due; and
76 (B) the sponsor of the legislation agrees to extend the deadline.
77 (ii) If the deadline is extended, the legislative fiscal analyst shall indicate the extended
78 deadline as part of the performance note that is ultimately printed with the legislation.
79 (3) If the sponsor of the legislation disputes the legislative fiscal analyst's
80 determination as to whether a performance note is required, the sponsor shall contact the
81 legislative fiscal analyst to discuss that disagreement and provide evidence, data, or other
82 information to support a different determination.
83 (4) (a) (i) When a governmental entity provides a performance note to the legislative
84 fiscal analyst, the legislative fiscal analyst shall provide a copy of the performance note to the
85 sponsor.
86 (ii) The sponsor of the legislation shall either approve the release of the performance
87 note or reject the performance note.
88 (b) If the sponsor approves the performance note provided by the governmental entity,
89 the legislative fiscal analyst shall print the performance note with the legislation.
90 (c) If the sponsor rejects the performance note provided by the governmental entity, the
91 legislative fiscal analyst shall print the following with the legislation:
92 (i) the performance note provided by the governmental entity, with a notation that the
93 sponsor rejected the submission; and
94 (ii) if the sponsor provides an alternative performance note to the legislative fiscal
95 analyst within three business days of receiving the performance note, the alternative
96 performance note, with a notation that the sponsor provided the alternative note due to the
97 sponsor's rejection of the governmental entity's submission.
98 (5) If the governmental entity does not provide a performance note by the submission
99 deadline, the legislative fiscal analyst shall print a performance note with the legislation that
100 indicates only that the governmental entity did not submit performance measures by the
101 submission deadline.
102 (6) A performance note shall contain the following information:
103 (a) the name of the governmental entity submitting the performance note, as applicable;
104 (b) the names and titles of the individuals who prepared the performance note; and
105 (c) a statement of performance measures that:
106 (i) explains the purpose and duties of the new program or agency;
107 (ii) lists the services that will be provided by the new program or agency;
108 (iii) lists the goals and proposed impacts that the new program or agency intends to
109 achieve within one, two, and three years;
110 (iv) lists the resources and steps required to achieve the goals and proposed impacts;
111 (v) lists the benchmarks that the new program or agency will monitor to measure
112 progress toward the goals and outcome;
113 (vi) lists the performance measures that will be used to evaluate progress toward the
114 goals and proposed impacts; and
115 (vii) states how information on progress and performance measures will be gathered in
116 a reliable, objective fashion.
117 (7) The performance note is not an official part of the legislation.
118 (8) After legislation that creates a new program or a new agency has gone into effect,
119 the legislative auditor general shall, subject to the procedures and requirements of Section
120 36-12-15 :
121 (a) provide an outline of best practices to the governmental entity that administers the
122 new program or to the new agency;
123 (b) include in the outline information to assist that governmental entity or new agency
124 with the creation of:
125 (i) policies that promote best practices;
126 (ii) performance measures; and
127 (iii) data collection procedures; and
128 (c) for a new program or a new agency that was created by legislation where the
129 governmental entity failed to provide a performance note:
130 (i) provide a notice to the governmental entity that administers the new program or to
131 the new agency that the governmental entity or agency is required to submit a performance note
132 to the legislative auditor general within 30 calendar days of the date of the notice;
133 (ii) retain the performance note that is received from the governmental entity or new
134 agency and forward a copy of the note to:
135 (A) the primary sponsor of the legislation;
136 (B) the opposite house sponsor of the legislation;
137 (C) the president of the Senate and speaker of the House; and
138 (D) the Senate minority leader and House minority leader; and
139 (iii) if the governmental entity or new agency fails to provide a performance review
140 note within the required deadline, provide notice to those listed in Subsection (8)(c)(ii) that a
141 performance note was requested from, but was not received from, the governmental entity that
142 administers the new program or the new agency.
143 (9) The legislative auditor general may use the performance note in its review of new
144 programs and agencies under Section 36-12-15 .
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